Customary International Humanitarian Law International Committee of the Red Cross CUSTOMARY INTERNATIONAL HUMANITARIAN LAW
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Customary International Humanitarian Law Volume I: Rules Henckaerts and In 1996, the International Committee of the Red Cross, alongside a range of Doswald-Beck Customary International renowned experts, embarked upon a major international study into current state practice in international humanitarian law in order to identify customary law in this area. This book (along with its companion, Volume II: Practice) is the result of Humanitarian Law that study, a comprehensive analysis of the customary rules of international Customary humanitarian law applicable in international and non-international armed International conflicts. Given that important treaties in this area have not yet been universally Volume I: Rules Humanitarian ratified, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the com- Law mon core of international humanitarian law binding on all parties to all armed Volume I: Rules conflicts. This original, authoritative work will be an essential tool for anyone involved with international humanitarian law. Jean-Marie Henckaerts Jean-Marie Henckaerts and Louise Doswald-Beck is Legal Adviser at the Legal Division of the International Committee of the Red Cross in Geneva. Louise Doswald-Beck is Professor at the Graduate Institute of International Studies and Director of the University Centre for International Humanitarian Law in Geneva. She was formerly Secretary-General of the International Commission of Jurists and Head of the Legal Division of the International Committee of the Red Cross. ICRC ICRC Customary International Humanitarian Law international committee of the red cross CUSTOMARY INTERNATIONAL HUMANITARIAN LAW VOLUME I RULES Jean-Marie Henckaerts and Louise Doswald-Beck With contributions by Carolin Alvermann, Knut Dormann¨ and Baptiste Rolle cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sa~~o~~ Paulo, Delhi Cambridge University Press The Edinburgh Building, Cambridge, CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title:www.cambridge.org/9780521005289 C International Committee of the Red Cross 2005 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2005 Third printing 2007 Reprinted with corrections 2009 Printed in the United Kingdom at the University Press, Cambridge A catalogue record for this publication is available from the British Library ISBN 978-0 -521 -80899 -6 hardback ISBN 978-0 -521 -00528 -9 paperback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. Information regarding prices, travel timetables and other factual information given in this work are correct at the time of first printing but Cambridge University Press does not guarantee the accuracy of such information thereafter. CONTENTS Foreword by ICRC President Jakob Kellenberger page xv Foreword by Judge Abdul G. Koroma xviii Foreword by Yves Sandoz xx Acknowledgements xxv Introduction xxxi List of Abbreviations lviii Part I. THE PRINCIPLE OF DISTINCTION Chapter 1. Distinction between Civilians and Combatants 3 Rule 1. The Principle of Distinction between Civilians and Combatants 3 Rule 2. Violence Aimed at Spreading Terror among the Civilian Population 8 Rule 3. Definition of Combatants 11 Rule 4. Definition of Armed Forces 14 Rule 5. Definition of Civilians 17 Rule 6. Loss of Protection from Attack 19 Chapter 2. Distinction between Civilian Objects and Military Objectives 25 Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives 25 Rule 8. Definition of Military Objectives 29 Rule 9. Definition of Civilian Objects 32 Rule 10. Loss of Protection from Attack 34 Chapter 3. Indiscriminate Attacks 37 Rule 11. Indiscriminate Attacks 37 Rule 12. Definition of Indiscriminate Attacks 40 Rule 13. Area Bombardment 43 Chapter 4. Proportionality in Attack 46 Rule 14. Proportionality in Attack 46 v vi Contents Chapter 5. Precautions in Attack 51 Rule 15. Principle of Precautions in Attack 51 Rule 16. Target Verification 55 Rule 17. Choice of Means and Methods of Warfare 56 Rule 18. Assessment of the Effects of Attacks 58 Rule 19. Control during the Execution of Attacks 60 Rule 20. Advance Warning 62 Rule 21. Target Selection 65 Chapter 6. Precautions against the Effects of Attacks 68 Rule 22. Principle of Precautions against the Effects of Attacks 68 Rule 23. Location of Military Objectives outside Densely Populated Areas 71 Rule 24. Removal of Civilians and Civilian Objects from the Vicinity of Military Objectives 74 Part II. SPECIFICALLY PROTECTED PERSONS AND OBJECTS Chapter 7. Medical and Religious Personnel and Objects 79 Rule 25. Medical Personnel 79 Rule 26. Medical Activities 86 Rule 27. Religious Personnel 88 Rule 28. Medical Units 91 Rule 29. Medical Transports 98 Rule 30. Persons and Objects Displaying the Distinctive Emblem 102 Chapter 8. Humanitarian Relief Personnel and Objects 105 Rule 31. Safety of Humanitarian Relief Personnel 105 Rule 32. Safety of Humanitarian Relief Objects 109 Chapter 9. Personnel and Objects Involved in a Peacekeeping Mission 112 Rule 33. Personnel and Objects Involved in a Peacekeeping Mission 112 Chapter 10. Journalists 115 Rule 34. Journalists 115 Chapter 11. Protected Zones 119 Rule 35. Hospital and Safety Zones 119 Contents vii Rule 36. Demilitarised Zones 120 Rule 37. Non-defended Localities 122 Chapter 12. Cultural Property 127 Rule 38. Attacks against Cultural Property 127 Rule 39. Use of Cultural Property for Military Purposes 131 Rule 40. Respect for Cultural Property 132 Rule 41. Export and Return of Cultural Property in Occupied Territory 135 Chapter 13. Works and Installations Containing Dangerous Forces 139 Rule 42. Works and Installations Containing Dangerous Forces 139 Chapter 14. The Natural Environment 143 Rule 43. Application of the General Rules on the Conduct of Hostilities to the Natural Environment 143 Rule 44. Due Regard for the Natural Environment in Military Operations 147 Rule 45. Serious Damage to the Natural Environment 151 Part III. SPECIFIC METHODS OF WARFARE Chapter 15. Denial of Quarter 161 Rule 46. Order or Threats that No Quarter Will Be Given 161 Rule 47. Attacks against Persons Hors de Combat 164 Rule 48. Attacks against Persons Parachuting from an Aircraft in Distress 170 Chapter 16. Destruction and Seizure of Property 173 Rule 49. War Booty 173 Rule 50. Destruction and Seizure of Enemy Property 175 Rule 51. Public and Private Property in Occupied Territory 178 Rule 52. Pillage 182 Chapter 17. Starvation and Access to Humanitarian Relief 186 Rule 53. Starvation as a Method of Warfare 186 Rule 54. Attacks against Objects Indispensable to the Survival of the Civilian Population 189 viii Contents Rule 55. Access for Humanitarian Relief to Civilians in Need 193 Rule 56. Freedom of Movement of Humanitarian Relief Personnel 200 Chapter 18. Deception 203 Rule 57. Ruses of War 203 Rule 58. Improper Use of the White Flag of Truce 205 Rule 59. Improper Use of the Distinctive Emblems of the Geneva Conventions 207 Rule 60. Improper Use of the United Nations Emblem and Uniform 210 Rule 61. Improper Use of Other Internationally Recognised Emblems 211 Rule 62. Improper Use of Flags or Military Emblems, Insignia or Uniforms of the Adversary 213 Rule 63. Use of Flags or Military Emblems, Insignia or Uniforms of Neutral or Other States Not Party to the Conflict 218 Rule 64. Conclusion of an Agreement to Suspend Combat with the Intention of Attacking by Surprise the Adversary Relying on It 219 Rule 65. Perfidy 221 Chapter 19. Communication with the Enemy 227 Rule 66. Non-hostile Contacts between the Parties to the Conflict 227 Rule 67. Inviolability of Parlementaires 229 Rule 68. Precautions while Receiving Parlementaires 231 Rule 69. Loss of Inviolability of Parlementaires 232 Part IV. USE OF WEAPONS Chapter 20. General Principles on the Use of Weapons 237 Rule 70. Weapons of a Nature to Cause Superfluous Injury or Unnecessary Suffering 237 Rule 71. Weapons that Are by Nature Indiscriminate 244 Contents ix Chapter 21. Poison 251 Rule 72. Poison 251 Chapter 22. Nuclear Weapons 255 Chapter 23. Biological Weapons 256 Rule 73. Biological Weapons 256 Chapter 24. Chemical Weapons 259 Rule 74. Chemical Weapons 259 Rule 75. Riot Control Agents 263 Rule 76. Herbicides 265 Chapter 25. Expanding Bullets 268 Rule 77. Expanding Bullets 268 Chapter 26. Exploding Bullets 272 Rule 78. Exploding Bullets 272 Chapter 27. Weapons Primarily Injuring by Non-detectable Fragments 275 Rule 79. Weapons Primarily Injuring by Non-detectable Fragments 275 Chapter 28. Booby-Traps 278 Rule 80. Booby-Traps 278 Chapter 29. Landmines 280 Rule 81. Restrictions on the Use of Landmines 280 Rule 82. Recording of the Placement of Landmines 283 Rule 83. Removal or Neutralisation of Landmines 285 Chapter 30. Incendiary Weapons 287 Rule 84. Restrictions on the Use of Incendiary Weapons 287 Rule 85. Use of Incendiary Weapons against Combatants 289 Chapter 31. Blinding Laser Weapons 292 Rule 86. Blinding Laser Weapons 292 Part V. TREATMENT OF CIVILIANS AND PERSONS HORS DE COMBAT Chapter 32. Fundamental Guarantees 299 Rule 87. Humane Treatment 306 Rule 88. Non-discrimination 308 x Contents Rule 89. Murder 311 Rule 90. Torture and Cruel, Inhuman or Degrading Treatment 315 Rule 91. Corporal Punishment 319 Rule 92. Mutilation and Medical, Scientific or Biological Experiments 320 Rule 93. Rape and Other Forms of Sexual Violence 323 Rule 94. Slavery and the Slave Trade 327 Rule 95. Forced Labour 330 Rule 96. Hostage-Taking 334 Rule 97. Human Shields 337 Rule 98. Enforced Disappearance 340 Rule 99. Deprivation of Liberty 344 Rule 100. Fair Trial Guarantees 352 Rule 101.